FIRST-EVER NONHUMAN RIGHTS LAWSUIT FILED ON BEHALF OF CAPTIVE ELEPHANTS, DEMANDING RECOGNITION OF THEIR RIGHT TO BODILY LIBERTY

The Nonhuman Rights Project (NhRP) argues that its elephant clients, as autonomous beings, are legal “persons” with fundamental rights who must be released from a Connecticut zoo to a sanctuary; World-renowned elephant experts including Joyce Poole and Cynthia Moss have submitted affidavits in support of the NhRP’s suit

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| Source: The Nonhuman Rights Project

Hartford, CT, Nov. 13, 2017 (GLOBE NEWSWIRE) -- The Nonhuman Rights Project (NhRP) announced today that it has filed a petition for a common law writ of habeas corpus in Connecticut Superior Court on behalf of three elephants held captive at the Commerford Zoo in Goshen, CT. The suit demands that the court, in accordance with state common law and scientific evidence of elephants’ autonomy, recognize the elephants as legal persons with the fundamental right to bodily liberty. Currently, all nonhuman animals in the US are considered legal “things” with no rights.


The NhRP’s elephant clients—all captured from the wild when they were young and used for decades in traveling circuses, fairs, and other forms of entertainment—are:

  • Beulah, an Asian elephant born in 1967
  • Karen, an African elephant born in 1981
  • Minnie, also known as Mignon, an Asian elephant born in 1972

The NhRP is asking the court to release the elephants to the Performing Animal Welfare Society’s ARK 2000 natural habitat sanctuary, where their right to bodily liberty will be respected.


“This is not an animal welfare case,” said attorney Steven M. Wise, president and founder of the NhRP. “We do not claim the Commerford Zoo is violating any animal welfare statutes. What they are doing is depriving Beulah, Karen, and Minnie of their freedom, which we see as an inherently cruel violation of their most fundamental right as elephants. If Connecticut common law courts truly value autonomy, as previous rulings suggest they do, they too will see their situation in this light and order the elephants’ release from captivity. ”


As in the NhRP’s landmark chimpanzee rights cases filed in New York beginning in 2013, the NhRP’s first elephant rights case is grounded in abundant, robust scientific evidence of elephants’ autonomy, i.e. their ability to choose how to live their emotionally, socially, and cognitively complex lives. Elephant experts who have submitted affidavits in support of the NhRP’s petition include:

  • Lucy Bates (Honorary Research Fellow, School of Psychology & Neuroscience, University of St Andrews) and Richard M. Byrne (Research Professor, School of Psychology and Neuroscience, Center for Social Learning & Cognitive Evolution, University of St Andrews)
  • Karen McComb (Professor of Animal Behaviour & Cognition, University of Sussex)
  • Cynthia Moss (Program Director and Trustee, Amboseli Trust for Elephants)
  • Joyce Poole (Co-founder and Co-director, ElephantVoices)
  • Ed Stewart (President & Co-Founder, Performing Animal Welfare Society)

In its court filings, the NhRP maintains that the question of whether elephants are legal persons under the common law is a matter of public policy and moral principle that courts must consider. Civil law and common law courts have already recognized the personhood of nonhuman entities such as corporations in the US, a captive chimpanzee in Argentina, and a river in New Zealand.

 “Our understanding of elephants has only deepened over time: for example, we know they have a sense of self, remember the past and plan for the future, engage in complex communication, show empathy, and mourn their dead,” said David Zabel, the NhRP’s local counsel in Connecticut and a partner at the law firm of Cohen & Wolf.  “But their legal status as ‘things’ with no rights has remained exactly the same. What’s at stake here is the freedom of beings who are no less self-aware and autonomous than we humans are.”

“Common law courts must catch up to what we know about members of this extraordinarily complex species and how they suffer—precisely because they are autonomous—when businesses like Commerford force them to perform at circuses and fairs and live in environments completely unsuited to their needs,” Wise added. “The time has come for them to be transferred to a sanctuary out of respect for their rights. We will not rest until this happens.”

To learn more about the NhRP’s elephant clients and the Commerford Zoo, visit this page.

Attachments:

A photo accompanying this announcement is available at http://www.globenewswire.com/NewsRoom/AttachmentNg/5580945c-4924-4b9b-8717-bf5708bf1cf7

Jennifer Fermino
Fenton Communications
646.734.0320
jfermino@fenton.com